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Registration and Incorporation - M.O.A.

 The registration and incorporation of companies in India are primarily governed by the Companies Act, 2013. Here's a breakdown of key aspects and relevant sections: Key Aspects: ● Companies Act, 2013: ○ This act provides the legal framework for the formation and operation of companies in India. ● Ministry of Corporate Affairs (MCA): ○ The MCA is the governing body that oversees company registration and compliance. ● Registrar of Companies (ROC): ○ The ROC is responsible for registering companies and maintaining company records. ● Incorporation Process: ○ The process involves several steps, including obtaining a Director Identification Number (DIN), a Digital Signature Certificate (DSC), name approval, and filing the necessary incorporation documents. ○ The SPICe+ form is a significant tool used in the incorporation process. ● Memorandum of Association (MOA) and Articles of Association (AOA): ○ These are essential documents that define the company's objectives and internal rule...

Promoters in company law

 In company law, "promoters" play a crucial role in the formation of a company. Here's a breakdown of their significance: Definition and Role: ● A promoter is essentially the person or group of people who take the initiative to form a company. ● They conceive the business idea, take the necessary steps to bring the company into existence, and handle the preliminary arrangements. ● This includes activities like: ○ Deciding the company's name and objectives. ○ Preparing the necessary documents for incorporation. ○ Arranging for the initial capital. ○ Entering into preliminary contracts. Key Aspects: ● Preliminary Steps: ○ Promoters are involved in the initial stages of company formation, often before the company is legally incorporated. ● Fiduciary Duty: ○ Promoters have a fiduciary duty towards the company, meaning they must act in good faith and in the company's best interests. ○ They must disclose any potential conflicts of interest and avoid making secret profit...

Corporate Personality and its kinds

 The concept of "corporate personality" is a fundamental principle in corporate law. It essentially means that a corporation is recognized by law as a separate legal entity, distinct from its individual members (shareholders, directors, etc.). This legal fiction allows corporations to: ● Own property: A corporation can hold assets in its own name. ● Enter into contracts: It can make agreements with other parties. ● Sue and be sued: A corporation can initiate legal actions and be held liable in court. Here's a breakdown of the kinds of corporate personality: ● Corporation Aggregate: ○ This is the most common type. ○ It involves a group of individuals who come together to form a single legal entity. ○ Examples include: ■ Companies (limited liability companies, etc.) ■ Partnerships ■ Associations ○ In a corporation aggregate, the entity's actions are carried out by its members or appointed representatives. ● Corporation Sole: ○ This is a less common type. ○ It consists o...

The Companies Act, 1956 – Corporate Personality and its kinds

 When discussing "Corporate Personality" in the context of Indian company law, it's essential to understand the fundamental principle that a company, upon incorporation, becomes a separate legal entity. This concept was firmly established and elaborated upon in the Companies Act, 1956, and continues to be a cornerstone of company law, even with the subsequent enactment of the Companies Act, 2013. Here's a breakdown: ● Corporate Personality: ○ This legal concept signifies that a company is recognized as a "person" in the eyes of the law, distinct from its members (shareholders). ○ This separation allows the company to: ■ Own property. ■ Enter into contracts. ■ Sue and be sued in its own name. ■ Have perpetual succession (its existence continues even if its members change). ○ The core idea is that the company has a legal identity independent of those who own or manage it. ● Key Aspects: ○ Separate Legal Entity: ■ This is the essence of corporate personality. T...

Importance of Dharma Shastra on Legislation

 The Dharma Shastras hold a significant place in the historical development of Indian legislation. Here's a breakdown of their importance: Core Concepts:   Dharma as a Foundation:    * Dharma, in this context, goes beyond simple "religion." It encompasses a complex system of duties, rights, laws, conduct, and virtues. It served as a comprehensive guide for social, legal, and ethical behavior.    * The Dharma Shastras aimed to regulate human conduct within the framework of cosmic and social order.   Influence on Legal Systems:    * Historically, the Dharma Shastras provided a foundational framework for legal principles in ancient and medieval India.    * They addressed various aspects of law, including:      * Personal law (marriage, inheritance, etc.)      * Civil law      * Criminal law      * Duties of rulers      * Judicial procedures   Historical Con...

Contingent contracts under Indian contract act 1872

Contingent Contract  under the Indian Contract Act, 1872 , with detailed explanations of each relevant section and illustrative examples: Core Definition: Section 31  * Definition :    * "A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen."  * Explanation:    * This section establishes the fundamental concept. The key is that the contract's fulfillment hinges on a future, uncertain event that is "collateral" (secondary) to the main agreement.  * Example:    * "A" agrees to pay "B" ₹10,000 if "B's" house is destroyed by fire. The payment is contingent on the uncertain event of the fire. Rules of Enforcement:  * Section 32: Contingent Contracts on an Event Happening    * Rule:      * If a contract is contingent on a future uncertain event happening, it cannot be enforced until that event has occurred. If the event becomes impos...

Mukesh Kumar Sharma CV

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Types of Insurance

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Sociology question paper Lucknow University

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 Download Pdf 👇 https://drive.google.com/file/d/16Wf-diDasToPM7aQVwkc85J87ONn7Yo9/view?usp=drivesdk

Admission form Jai Hind Academy

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 Print and Fill the above admission form and send it on whatsApp no. 7369049615

मोहम्मद गोरी के गुलाम । slave of muhammad Ghori

मुहम्मद गोरी के चार गुलाम निम्नलिख है 1.कुतुबुद्दीन ऐबक 2.बख्तियार खिलजी 3. क्वाचा 4.यल्दोज

मुहम्मद बिन कास़िम का भारत पर आक्रमण | Muhammad bin Qasim's attack on India lecture 1 by Mukesh sir

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  For video 👇 https://youtu.be/0qswoqjiVzs

Geography MCQ for UPSC pre 2024

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 Geography MCQ for UPSC pre 2024 Pdf link 👇

INTELECTUAL PROPERTY LAW VII SEMESTER

Environmental law notes

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Environmental law  notes   After tapping on the photos you will be able to see the handwritten notes clearly  Syllabus  Environmental Law i. (Lectures-10) Introduction; Environment: Meaning. Environment Pollution: Meaning and Issues Constitutional Guidelines Right to Wholesome Environment: Evolution and Application, Environment Protection & Public Interest Litigation Environmental Laws: India and International; Law of Torts; Law of Crimes; Public Nuisance; Emergence of Environmental Legislations UNIT-II: Prevention and Control of Water, Air, Noise and Land Pollution  i. The Water (Prevention and Control of Pollution) Act, 1974.  ii. Water Pollution: Definition Central and State Pollution Control Boards: Constitution, Powers and  iii. Functions Water Pollution Control Areas, Sample of effluents: Procedure; Restraint Order, Consent requirement: Procedure, Grant/Refusal, Withdrawal, Citizen Suit Provision  iv. Air (Prevention and Control of Pollu...

Delhi Sultanate

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Introduction To Indian Evidence Act 1872

Introduction To Indian Evidence Act 1872

Sewa

Golden Video 📸

Power of court to issue commission under CPC

Power of court to issue commission under CPC

Gene Therapy and CRISPR cas-9

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  More about CRISPR cas-9:  CRISPR cas-9 was first discovered in bacteria in 1986-87.  It was thoroughly studied in 2007 and in 2012, it was used for human genome editing for the first time.  According to the world-famous journal The Science, it was the biggest scientific achievement of the decade.  The genetic sequence of g-RNA can be modified and changed so that it can target the faulty gene in the human genome and this can be used to remove the faulty gene.This CRISPR cas-9 technique is so important that even a noble award has been given for its discovery.  CRISPR cas-9 is the most advanced and most accurate technology to modify or edit the genome of an organism.  CRISPR cas-9 is naturally present in bacteria as an immunity system against bacteriophage. Benefits of CRISPR Cas-9:  CRISPR cas-9 will give a major boost to gene therapy because of its accuracy.  In 2017, American doctors used this technology to edit the genome of an embryo for the treatment of the heart d...

Powers And Priviledges Of Members Of Parliament

Powers And Priviledges Of Members Of Parliament What is Parliament? A cornerstone of democratic ideals in any representative democracy is parliament, which serves as a forum for debate on matters of social and civic importance in any popular democracy. Though the notion of Parliament has its roots in European nations dating back to the Middle Ages, it has been an integral feature of India's democratic framework from the country's creation. Both houses of parliament were established following the first general election in 1952. It should be emphasised that the Constituent Assembly served as the interim legislative body after the Constitution was enacted and until regular elections, which occurred between 1950 and 1952.[1] Composition of Parliament Article 79 of the Constitution specifies the organisation of parliament. The President and the two chambers, the Lower House or House of People and the Upper House or Council of States, are listed as members of Parliament.[2] The Rajya...